Last week we began our study of the prayers recited immediately following
Shemoneh Esreh.We discussed the custom to recite Viddui and the Thirteen Attributes of
Mercy.Furthermore, we introduced
Nefilat Appayim, the ritual of falling on one's face while reciting the
supplication known as Tachanun,
which, according to the Tur, serves as the third leg of our three-pronged
program of prayer.

We continued to discuss the prohibition of prostrating on a stone
floor.We learned that while
mi-deoraita one may not perform a full prostration (hishtachavaya)
on a stone floor, the Rema rules that mi-derabbanan one may neither
perform hishtachavaya on a non-stone floor nor perform kidda
(partial prostration) on a stone floor.Furthermore, if partially turned to one
side, one may prostrate fully, according to some, even on a stone floor!

This week we will discuss the parameters of the custom to fall upon one's
face while reciting Tachanun, as well
as the other laws and customs which govern its recitation.

How to "Fall on One's
Face"

The Rambam (Hilkhot Tefilla 5:13-4) describes the different
customs regarding Nefilat Appayim.Some, he writes, perform a complete prostration, while some just
do kidda, bending down on their knees and putting their faces to the
floor.

Apparently, over time, out of fear of violating the biblical and rabbinic
prohibitions regarding prostration, this practice was abolished.Indeed, the Tur (131) cites Rav Natrunai
Gaon, who writes that one who "falls on his face" should suspend his head above
the ground in order not to appear as if he is prostrating on the ground.As we mentioned last week, many
Sephardic Jews do not perform Nefilat Appayim at
all.

Nefilat Appayim is generally performed by resting one's head on
one's arm.The Beit Yosef (Rav
Yosef Karo) cites a disagreement as to whether one should rest his head upon his
right or his left arm.On the one
hand, the Roke'ach (124) writes that one should incline upon the right arm, as
the Shekhina (Divine presence) is portrayed as being "in front" of a
person — "I have set God always before me" (Tehillim 16:8) — so that one
fulfills the verse "Let his left hand be under my head, and his right hand
embrace me" (Shir Ha-shirim 2:6, 8:3).On the other hand, the Shibbolei
Ha-leket (30) writes that Rav Hai Gaon insists that one should lean on one's
left side.He explains that since
leaning upon one's left side is the behavior of "freemen and kings," it is
appropriate that one should face downwards, in shame and subjugation, while
leaning specifically on this side.He cites others who concur with this view, and he concludes that this is
the common custom.

Indeed, in Shulchan Arukh (131:1), Rav Yosef Karo writes that it
is customary to lean on the left side.The Rema cites the opposing opinion, and he concludes that during
Shacharit in the morning, when men usually wear tefillin on their
left arm, one should lean on his right side out of respect for his
tefillin; at Mincha, or whenever one is not wearing tefillin
forwhatever reason, one should lean on the
left.

The Mishna Berura (131:6) notes that the Vilna Gaon would always lean on
his left arm.Interesting, Rav
Moshe Feinstein (Iggerot Moshe OC
5:20:19) explains that due to the different opinions, his custom is to lean on
BOTH arms.

The Peri Megadim (Mishbetzot Zahav 2) writes that a left-handed
person should lean, during Shacharit, on his stronger hand (since such a
person places his tefillin on his right arm).While he expresses doubt as to what one
should do during Mincha, it is customary for ALL to lean on their left
hand at the afternoon service.

However, while inclining to the left or right might have been necessary
when Nefilat Appayim included full prostration on a stone floor,
nowadays, when we neither prostrate nor put our face to the floor, turning our
heads seems to be superfluous.Indeed, the Mishna Berura (Bei'ur Halakha 131:1) arrives at this
conclusion and explains that leaning to one side is merely a custom, in
remembrance of the ancient rite of full prostration.However, he cites the Magen Avraham
(131:20), who insists that Nefilat Appayim over a stone floor is still
prohibited even if one has no intention to prostate, as he still intends to
"fall upon his face" over a stone floor.

It is customary to cover one's face during NefilatAppayim.The Magen Avraham (131:2), consistent
with his view above, explains that the cover serves to separate between one's
face and the ground, serving as a barrier, thereby permitting one to perform Nefilat Appayim.Therefore, he claims, one may not lean
upon one's arm without a sleeve or another type of separation, as one's body
cannot serve as a separation between the face and the floor.

According to the Magen
Avraham, it seems that those who merely cover their foreheads, but leave the
majority of their head and face exposed to the ground, are not performing Nefilat Appayim correctly.Rather, one should cover one's entire
face with one's sleeve, or recite the Tachanun over a table or bench,
which serve as a separation.

The custom to cover one's face may also simply be an expression of shame
and humility, consistent with the theme of Tachanun, especially according to the
opinion of the Mishna Berura cited above, which fundamentally rejects the need
to lean or to separate one's face from the floor.

The Beit Yosef cites Rabbi Yitzchak ben Sheshet Perfet (1326–1408), the
Rivash, who writes that Nefilat Appayim may be performed even
while standing!On the other hand,
he cites the chakhmei ha-kabbala (the scholars of Jewish mysticism), who
insist that it must be performed while sitting.In his Shulchan Arukh (131:2), he
rules in accordance with the chakhmei ha-kabbala, that Nefilat Appayim must be performed while
sitting.

The Mishna Berura (131:10) writes that in extenuating circumstances one
may rely upon the Rivash's view.For example, if one cannot sit because there is no chair or because he is
standing within four cubits of a person who is in the middle of his Shemoneh
Esreh (see OC 105), one should recite NefilatAppayim while standing,
preferably leaning on the wall.The
Arukh Ha-shulchan records that the custom in his area is for the sheliach
tzibbur to perform NefilatAppayim while leaning against the
Ammud, the stand on which he puts his siddur while he leads the
prayers.

Where is NefilatAppayim
Performed?

The Beit Yosef once again cites the Roke'ach (324), who suggests that one
should only perform Nefilat Appayim in the presence of a Sefer Torah (Torah scroll).He finds support for this in the verse
"And Yehoshua rent his clothes and FELL TO THE EARTH UPON HIS FACE BEFORE GODS'S
ARK until the evening" (Yehoshua 6:7).Although the Beit Yosef and others reject this claim, the Rema (131:2)
writes that one should recite the Tachanun WITHOUT Nefilat Appayim
in a place without a Sefer Torah.

The Rema adds that one may also perform Nefilat Appayim in a
courtyard facing a beit keneset (synagogue).The Mishna Berura explains that this
refers to a case in which the courtyard faces an open synagogue from an angle
that one can see the Aron Ha-kodesh, the Holy Ark.

Some suggest that one may still fall on one's face in the presence of a
sefer Torah which is invalid (pasul), in the presence of other
holy books or even in a beit keneset which has no sefer Torah (see
Ishei Yisrael 25:10, n. 36-7).

Rabbi Yosef Dov Soloveitchik, as related in Nefesh Ha-Rav (pg.
124), would recite Tachanun while
leaning on his left arm even outside the presence of a Sefer Torah (see
Taz 131:5).

Interestingly, Rav Yechiel Michel Tukitchinsky, in his Sefer Eretz
Yisrael (1:9), records that the custom in Jerusalem is to perform Nefilat
Appayim even without the presence of a sefer Torah, as one who prays
in Jerusalem is always considered to be "before God's Ark."While he does not distinguish between
the old and new city of Jerusalem, Rav Shelomo Zalman Auerbach (see Ishei
Yisrael 25, n. 39) claims that this custom only applies in the Old City of
Jerusalem.

Interestingly, Rav Moshe Feinstein (Iggerot Moshe OC 5:20:5) relates to the
education of children regarding Nefilat Appayim.He notes that in prewar Europe, many
schools did not educate their students, even those who had already learned a few
tractates (!), to perform Nefilat Appayim.However, nowadays, when children are
taught to recite Tachanun with Nefilat Appayim, they should recite it
properly even outside the presence of a Sefer Torah.He argues that many opine that even the
presence of printed books of Torah suffices; furthermore, for educational
purposes, it should be permitted. When the children grow older and join in
communal prayer, they will learn the local customs regarding NefilatAppayim.

When is Tachanun NOT
Recited?

The Beit Yosef cites the Mahari Abuhav, who suggests, based upon
kabbalistic reasons, that Nefilat Appayim should not be performed
at times.The Mishna Berura
(131:17), commenting upon this ruling in Shulchan Arukh (131:3), notes
that if the Mincha service extends into the night, one should not perform
Nefilat Appayim.However, during bein ha-shmashot
(between sunset and when the stars are visible), it is customary to perform
Nefilat Appayim.Furthermore, when reciting Selichot, the penitential prayers
preceding the High Holy Days, he rules (ibid. 18) that one may perform Nefilat Appayim, with which the
Selichot conclude, anytime after halakhic midnight
(chatzot).Furthermore, he
maintains (ibid. 16) that one may RECITE the supplication of Tachanun
itself after dark, even without Nefilat Appayim.

As Tachanun and Nefilat Appayim express a somewhat
solemn mood, focusing upon our weaknesses and frailties, it is customary not to
recite Tachanun on festive days,
which includes not only Shabbat and Festivals, but also Friday afternoon and the
days immediately preceding and following Festivals.Shulchan Arukh (131:6-7) records
that the custom is also to refrain from reciting Tachanun on "minor" holidays such as the
15th of Av, 15th of Shevat, Rosh Chodesh, Chanukka and
Purim, starting from Mincha of the previous day (see Mishna Berura
131:32).Furthermore, it is also
customary not to recite Tachanun
during the entire month of Nisan, on the 9th of Av or between Yom
Kippur and Sukkot.The Rema adds
that one should not recite Tachanun
on Lag Be-Omer, on the days before Rosh Ha-shana and Yom Kippur or from Rosh
Chodesh Sivan until after Shavuot.Some (see Mishna Berura 131:36) refrain during the six days after
Shavuot, during which some of the Festival's sacrifices may still be
offered.Many communities also
refrain from reciting Tachanun on Yom
Ha-Atzmaut or Yom Yerushalayim, which are celebratory days in Eretz
Yisrael.

People or Occasions for
Which Tachanun is
Omitted:

In Shulchan Arukh (131:4), Rav Yosef Karo rules that one should
not recite Tachanun in the house of a
mourner, in the house of or in the presence of a chatan (groom), or in a beit keneset
on the day of a berit mila (circumcision)

Regarding the house of a mourner during the week of shiva, the
Beit Yosef explains that this custom is based upon the verse "And I will turn
your feasts into mourning" (Amos 8:10), which equates festive and tragic
commemorations.

Some Acharonim question
this logic and suggest that a house of mourning is simply not an appropriate
place to emphasize the "middat ha-din" (attribute of justice).The Taz (131:9) insists that those who
pray in a mourner's house should recite Tachanun afterwards in their own homes,
as the reason one does not recite Tachanun in a mourner's house applies
only to the mourner.The Arukh
Ha-shulchan (131:14) notes that when a mourner comes to synagogue, the
congregation should still recite Tachanun.

During the seven days after his wedding, a chatan and those who
pray with him should not recite Tachanun.The Mishna Berura (131:21) cites two
opinions regarding whether the chatan
and those who pray with him should recite Tachanun on the day of his wedding.The Arukh Ha-shulchan (131:16) records
that the custom is to be lenient.

Furthermore, the Mishna Berura (131:26) notes an interesting distinction
when it comes to the final day of this week. When it comes to Sheva Berakhot,
the seven blessings recited in the presence of the couple at meals during
this week, we count the day of the wedding as a full day, regardless of when the
wedding ceremony took place.If,
for example, a wedding takes place on Sunday afternoon, Sheva Berakhot
cannot be recited after Shabbat.However, Tachanun is omitted for a full seven days, i.e., 168
hours, so that in our case, Tachanun would be omitted the following
Sunday morning at Shacharit.The custom is in accordance with this view (see Ishei Yisrael
25:20), despite the Arukh Ha-shulchan's objections
(131:17).

The Taz (131:10) suggests that a chatan should refrain from
entering a beit keneset, as he will cause the congregation to omit
Tachanun.The custom does
not seem to be in accordance with his view.

Regarding a berit mila,Tachanun is omitted in the
beitkeneset in which the berit will be performed.In the afternoon, after the berit
mila has already been performed, Tachanun is recited.

Furthermore, the Mishna Berura (131:22) notes that if any of the "masters
of the berit" are present in a minyan — i.e., the father, the
mohel (circumciser) or the sandak, who holds the baby —
Tachanun is omitted, even if they pray in a different beit keneset
than the one where the berit is scheduled.

The Acharonim (see Piskei Teshuvot 131:24) discuss whether we should
suspend the recitation of Tachanun for other occasions, such as:
pidyon ha-ben, the redemption of a firstborn son; hanachat
tefillin, the first time a boy puts on tefillin in his life; bar
mitzva;siyyum, the completion of studying a unit of Torah; or
hakhnasat sefer Torah, the inauguration of a new Torah
scroll.

Many Chasidic communities omit Tachanun on the yarzheit
(anniversary of the death) of a tzaddik (saint).Many authorities have strongly
criticized this practice.

Next week, we will continue our study of the prayers recited after Shemoneh Esreh.